Laserfiche WebLink
it J1 (~/ L' v <br />nwvin >tc srtrnoEs <br />ATTOHNBY AT LAW <br />r!o.liUX Inl <br />C:Icnw'po[i tiprU~gs, <br />ooloroAn R i tKT2-01 or <br />June 1, 199D <br />James C. Stevens <br />Mined Land Reclamation Division <br />1313 Sherman, Room 215 <br />Denver, CO 80203 <br />RE: Carbon Junction Mine <br />Permit No. C-82-054 <br />NOV C~90-012 <br />Request to Modify <br />Aear Jim: <br />7CaephOrlC (30.i) W66748 <br />Please accept this letter as Pueblo Coal Inc.'s (PCI) formal <br />request, pursuant to Section 34-33-123 of the Colorado Surface <br />Coal Mining keclamation Act and Board Rule 5.03.2 (2)(b), to <br />modify NOV C-90-012 to provide the time for abatement to be on or <br />before June 27, 1990. <br />The showings of good cause for extending the time for <br />abatement from June 1, 1990 to June 27, 1990 are as follows: <br />1. The verbal notice on May 2, 1990 to me of this problem <br />and the nivision's decision of enforcement action and the <br />issuance of the NOV on May 3, 2990 provided less than 30 days <br />within which PCI is required to abate this violation by providing <br />a replacement reclamation bond. <br />2, Section 123(2) of the ACt provides that the Division, <br />in issuing a Notice of Violation (NOV> shall fix "a reasonable <br />time, but not more than ninety days for the abatement of the <br />violation". There has been no articulation or rationale set <br />forkh by the Division which explains why Less than 30 days to <br />abate the violation is a "reasonable time". <br />3. PCI and its parent company and its principal officers <br />were not the cause of the insolvency of the Texas American <br />Bank/Fort Worth, N.A., in Fort Worth, Texas which held the <br />Standby Letter of Credit No, 17345 on behalf of the State of <br />Colorado. PCI was not aware that the current or future validity <br />or extension of its letter of credlt/reclamation bond was in <br />question until Mike Long notified me on May 2, 1990. <br />4. PC7, in telephone conversations with the Division since <br />early May, 1990 and in a presentation to the Board on May 23, <br />199D, has attempted to keep the State advised as its financial <br />condition, legal status vis a vis bankruptcy, and its future <br />financial prospects, especially as it may be xelated to a <br />James C. Stevens <br />June 1, 1990 <br />Page Two <br />substantial lawsuit and trial scheduled June 18, 1990 between <br />Oakridge Energy, Inc. (PCPs majority owner) and several <br />substantial natural gas producers and transporters. Those <br />statements, presentations, and affidavits are incorporated herein <br />by reference. <br />5. The proposed new time for abatement, June 27, 1990 <br />